VIJITH K.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 Cr.P.C.

(2.) The applicant is the first accused in Crime No.1491/2020 of Koratty Police Station, for having allegedly committed offences punishable under Sections 302, 326, 341, 325, 324 r/w Section 34 of the IPC.

(3.) The prosecution case, in brief, is that the applicant and the second accused went to a toddy shop. At the toddy shop, they had a fight with the deceased with regard to an allegation that he had stolen the mobile phone of one of them. He was assaulted from inside the toddy shop. CW2, the Manager of the toddy shop asked them to go out of the toddy shop and not to create a ruckus inside the shop. Accordingly, the accused persons and the deceased went away from the toddy shop. The next morning the body of the deceased was found besides the road. A crime was registered initially under Section 174 Cr.P.C. Further investigation revealed the involvement of the applicant and the coaccused in the crime. The applicant and the coaccused were assaulting the deceased inside the toddy shop, as seen by CW2, CWs3 and 4 have seen the applicant and the co-accused at the place of alleged occurrence and also at the place where the body was ultimately found. Under the circumstances, there is very strong evidence to indicate the involvement of the applicant in the crime. The manner in which the deceased was done to death is also very brutal. Postmortem certificate indicates that 20 of his ribs and sternum were fractured. The applicant and the coaccused did not use any weapon. Even without any weapon, they managed to inflict fatal injuries, which indicate the brutal manner in which the murder was committed. Internal bleeding led to his death. The prosecution case rests wholly on circumstantial evidence. The applicant and the coaccused were seen at the location of the crime and from where the body was ultimately recovered. In case the accused is released on bail, there is every possibility that the applicant may intimidate or influence the witnesses and moreover, the final report has already been filed and taken on the file of Judicial First Class Magistrate Court, Chalakkudy as CP No.23/2021 and the committal proceedings are pending.